Reassignment was not a reasonable accommodation where there was no vacant alternative position.
Affirming a district court’s grant of summary judgment in a hospital’s favor on a physician assistant’s state and federal disability discrimination claims, the Eighth Circuit ruled that working three 24-hour shifts per pay period and weekend shifts were essential functions of her position that she could not perform. She also failed to identify any reasonable accommodation that would have enabled her to perform these essential functions. In addition, the court affirmed the district court’s grant of summary judgment on her FMLA retaliation claim because there was no causal connection between her leave and termination (Siebrecht v. Mercy Health Services—Iowa Corp. dba MercyOne Siouxland Medical Center, No. 24-3159 (8th Cir. Jan. 5, 2026)).
The employee, who had multiple sclerosis, worked as a physician assistant in the emergency room at Mercy’s facility in Hawarden, Iowa. During the relevant time, Mercy usually staffed the ER with four providers, which it referred to as advance practice providers. APPs were required to work three 24-hour shifts and weekends.
Employment contracts. APPs worked under employment contracts that provided that at the end of the initial term, the hospital and providers could extend the contract by written agreement. Otherwise, the contracts would continue month to month for up to 90 days. This 90-day period was known as the Temporary Renewal Period. If no...
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